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Fact check/Jimmy Gomez on paid family leave in California
Fact check: Jimmy Gomez on paid family leave in California
Jimmy Gomez
California state Assemblyman Jimmy Gomez is one of two Democratic candidates in the June 6 runoff election to represent the 34th Congressional District.[1] The Gomez campaign cites his sponsorship of AB 908, a bill expanding family leave benefits, as evidence of his progressive record. The Gomez campaign website states, "With AB 908, California will once again lead the nation in Paid Family Leave and ensure that the program works for all."[2]
Is the Gomez claim accurate? Does adoption of AB 908 mean California will “lead the nation” in paid family leave?
Yes. When AB 908 takes effect in 2018, California will offer the highest levels of payment, have the easiest eligibility requirements, and feature the largest pool of family members whose care qualifies an employee for leave. New York will offer a longer leave period.[3] Whether the statute will “ensure that the program works for all” is speculative, at this point.
Election background
Democratic Assemblyman Jimmy Gomez is running for the U.S. House of Representatives against Democrat Robert Lee Ahn to fill the seat formerly held by Xavier Becerra, now the state's attorney general. Gomez and Ahn were the top two finishers in an April 4 primary that featured 23 candidates (including 19 Democrats). They will face one another in the June 6 general election.[1]
Gomez was elected to represent District 51 in the California State Assembly in 2012 and served as state Assembly majority whip from 2013 to 2014.[4]
Ahn is a former member of both the Los Angeles City Planning Commission and the Los Angeles City Redistricting Commission.[1]
Paid family leave background
Paid family leave programs enable workers to receive a portion of their pay from a state-run insurance program while taking time off to care for a new child or a family member with a serious health condition.[5] They are distinct from temporary medical disability programs that cover workers when they are unable to work due to a non-work-related injury or illness (including pregnancy).[6]
Laws governing paid family leave are currently in effect in three states: California, New Jersey (began in 2009), and Rhode Island (2014). New York adopted paid family leave legislation in 2016, which becomes effective in January 2018. Washington, D.C., enacted paid family leave legislation in 2017, effective in July 2020. Washington state enacted paid family leave legislation in 2007, but it has not gone into effect because it lacks a funding mechanism.[3]
Program benefits in California, New Jersey, Rhode Island, and New York are funded through a tax on employee earnings.[3][7]
Washington, D.C.'s program will be funded by a 0.62 percent tax on employers.[3]
California paid family leave
California was the first state in the nation to adopt a paid family leave law with the passage of Senate Bill 1661 in September 2002. Benefits began on July 1, 2004.[8]
Gomez introduced AB 908 on February 26, 2015. Governor Jerry Brown signed the bill into law on April 11, 2016, after it passed the Senate 28-11-1 and the Assembly 62-11-6.[9][10]
Under the new law, which will take effect on January 1, 2018, the percentage of an employee's salary that can be replaced with benefits will increase from 55 percent to a maximum of either 60 or 70 percent, based on earnings. The new law also expands the pool of family members whose care qualifies employees for paid leave and broadens other eligibility requirements.[11]
Federal law
At the federal level, the Family and Medical Leave Act guarantees eligible employees up to 12 weeks of unpaid leave over a 12-month period following the birth, adoption, or foster placement of a child, or to care for a spouse, child, or parent with a serious health condition. To be eligible, employees must work for a private company with 50 or more employees, a public agency, or a private or public elementary or secondary school. The employee also must work for the employer for at least 12 months to be eligible for the leave.[12]
Comparison
Ballotpedia compared benefits in California, New York, New Jersey, and Rhode Island, as they are structured for 2018, when AB 908 goes into effect. Our analysis is based on February 2017 research published by the National Partnership for Women & Families, a 501(c)(3) organization that, according to its website, "promotes fairness in the workplace, reproductive health and rights, access to quality, affordable health care, and policies that help women and men meet the dual demands of work and family."[13]
We considered four elements: maximum payment amount, maximum length of paid leave, definition of a family member, and eligibility requirements.
The maximum payment represents the maximum proportion of wages an employee may collect while on leave.[14] (In each state, benefits may not exceed a limit set yearly based on the statewide average weekly wage. Limits for 2018 have not yet been announced.) The maximum length of paid leave relates to the amount of time that an employee may collect benefits. Family members are those whose care qualifies an employee for benefits. Eligibility requirements include the period of employment or amount of earnings that are required for an employee to be eligible for paid leave benefits.
Workers in each state are taxed varying percentages of their income to fund paid family leave programs, which is a factor in determining their net benefit. Ballotpedia did not include these costs in our evaluation because exact contribution levels change annually.
| State Paid Family Leave Programs | |||||
|---|---|---|---|---|---|
| State | Maximum benefit | Maximum length | Family members | Employee eligibility | |
| California | 70 percent of weekly wages. 2017 limit: $1,173 per week. | 6 weeks | Child, parent, spouse, domestic partner, grandparent, grandchild, sibling, parent-in-law. | $300 over a one-year base period. | |
| New York | 50 percent of weekly wages. Benefits may not exceed 50 percent of the statewide average weekly wage. | 8 weeks | Child, parent, spouse, grandparent, grandchild, domestic partner. | 26 consecutive weeks of employment (or 175 days of part-time employment). | |
| New Jersey | 66 percent of weekly wages. 2017 limit: $633 per week in 2017. | 6 weeks | Child, parent, spouse, domestic partner, civil union partner. | 20 calendar weeks of employment, earning at least $168 in each week; or at least $8,400 earned over a one-year base period. | |
| Rhode Island | 4.62 percent of quarterly wages. 2016-2017 limit: $817 per week. | 4 weeks | Child, parent, spouse, domestic partner. | Earned at least $11,520 over a one-year base period, or earned at least $1,920 in one quarter of the base period. | |
Conclusion
California Assemblyman Jimmy Gomez is a candidate for the state's 34th Congressional District. His campaign website claims that under his bill, AB 908, "California will once again lead the nation in Paid Family Leave and ensure that the program works for all."[2]
When AB 908 takes effect in 2018, California law will provide the highest proportion of earnings as payments under the state’s paid family leave statute. Its pool of family members whose care qualifies an employee for leave will be the most expansive, and the state’s other eligibility requirements will be the least restrictive. New York offers a longer leave period.[3] Other states may still enact paid family leave programs more generous than California's before AB 908 goes into effect.
See also
- California's 34th Congressional District special election, 2017
- Fact check/Is the United States the only advanced economy that doesn’t mandate paid sick or maternity leave?
- Jimmy Gomez
- Robert Lee Ahn
Sources and Notes
- ↑ 1.0 1.1 1.2 Ballotpedia, "California's 34th Congressional District special election, 2017," accessed March 28, 2017
- ↑ 2.0 2.1 Jimmy Gomez for Congress, "Progressive Record," accessed March 28, 2017
- ↑ 3.0 3.1 3.2 3.3 3.4 National Partnership for Women & Families, "State Paid Family Leave Insurance Laws, February 2017," accessed March 28, 2017
- ↑ Ballotpedia, "Jimmy Gomez," accessed March 28, 2017
- ↑ National Partnership for Women & Families, "Paid Leave," accessed May 2, 2017
- ↑ National Partnership for Women & Families, "Existing Temporary Disability Insurance Programs," February 2015
- ↑ Employee pay deductions in New York will begin on or after July 1, 2017. New York State, "Paid Family Leave: How It Works," accessed May 2, 2017
- ↑ Employment Development Department, State of California, "Paid Family Leave: Ten Years of Assisting Californians in Need," July 1, 2014
- ↑ California Legislative Information, "AB-908 Disability compensation: disability insurance (2015-2016), History," accessed March 28, 2017
- ↑ California Legislative Information, "AB-908 Disability compensation: disability insurance (2015-2016), Votes," accessed March 28, 2017
- ↑ California Legislative Information, "AB-908 Disability compensation: disability insurance (2015-2016), Bill Analysis, 03/02/16 Assembly Floor Analysis," accessed May 4, 2017
- ↑ U.S. Department of Labor Wage and Hour Division, "Fact Sheet #28: The Family and Medical Leave Act," accessed May 2, 2017
- ↑ National Partnership for Women & Families, "About Us," accessed May 3, 2017
- ↑ Average wages are calculated over a defined base period prior to filing for a benefit. The base period is typically one year.
- ↑ New York's maximum benefit is scheduled to increase to 67 percent of a worker's average weekly wage by 2021, not exceeding 67 percent of the statewide average weekly wage, but is subject to legislative delay. New York's maximum length of eligibility is scheduled to increase to 12 weeks by 2021, but is subject to legislative delay.
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
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